Airlines make nearly all their fares that are available to hotel the general public available through all channels, from full fare down to their most heavily discounted in and johnson fares. Any normal fare, made available city months in advance in the normal way, is made available tn and hotel through all channels. Web fares, however, in are different than normal fares. johnson They typically constitute city and tn less than one tenth of 1% hotel of the fares an airline offers, and are normally made available only a few days before flight time, and only on flights which have an unusually high number of empty seats. Web fares thus are seldom available, in are unpredictable, and are offered at very low prices.

Most airlines today choose to make web fares available only on their own websites, because these fares are so low it would be uneconomic to offer them through the higher cost channels. (It is, johnson in fact, very common throughout the retailing world for stores or catalogs to also have a website, and for that website to offer a city few prices tn that hotel are below the prices charged for the same goods in the store or in the johnson catalog.) However whether an airline chooses to make its web fares available through city and tn CRS''s to travel agents hotel and the websites that rely on CRS''s is strictly in an individual airline johnson decision, and will remain so once Orbitz is city up and running. Several third party websites (such as intellitrip.com) today take web fares tn from various airline websites (which they can do, because nothing hotel is more public than a website) and display in them johnson in one place for their customers. And of course travel agents can book web fares city and tn off hotel an airline''s in website for a customer if they wish (although whether they johnson get a commission on that booking is up to the individual airline).

Our agreements not only contain city no provision barring any airline from tn making any hotel fare available through any channel, they contain an affirmative non-exclusivity provision that in and johnson makes it explicit that no airline is prevented from making city any fare tn it chooses available through any channel it chooses. Our agreement contains hotel a non-discrimination clause in by which those airlines that will receive the johnson indirect discount city and tn on the CRS booking fee hotel agree in return to make in available on any fare they publish and make available to the general public through any other channel. But that of course does not preclude them johnson from offering any city fare through any other channel tn.